M/S D.D.ENTERPRISES THRU. PROPRIETOR AMBUJ AWASTHI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. TAX AND REGISTRATION LKO. AND 2 OTHERS
WTAX/977/2025 · 2025-09-22
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166397 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166397 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT TAX No. - 977 of 2025
Court No. - 6 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.
2. Present petition has been filed challenging the order dated 10.02.2025 passed under Section 73 of the GST Act as well as the order dated 10.09.2025 whereby the appeal was dismissed as being beyond limitation.
3. Contention of learned counsel for the petitioner is that no opportunity of hearing was granted while passing the order under Section 73. He states that show cause notice was uploaded on the 'additional tab', as such, the same could not be noticed.
4. It is argued that the said issue was dealt with by this Court vide judgment dated 22.07.2024 passed in Writ Tax No.855 of 2024 (Ola Fleet Technologies Private Limited v. State of UP and 2 Ors.).
5. On the said sole ground, following the judgment in the case of Ola Fleet Technologies Private Limited (supra), present petition is allowed.
6. Orders dated 10.02.2025 & 10.09.2025 are quashed.
7. Matter is remanded to the assessing authority to pass fresh order after Versus Counsel for Petitioner(s) : Anit Vishal Srivastav, Ramesh Chandra Srivastava Counsel for Respondent(s) : C.S.C. M/S D.D.Enterprises Thru. Proprietor Ambuj Awasthi .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Tax And Registration Lko. And 2 Others .....Respondent(s)
giving an opportunity of hearing to the petitioner. September 22, 2025 nishant WTAX No. 977 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench